Jyoti vs Bhakra Beas Management Board & Others

Sandeep Sharma, J

Having regard to the nature of the order this Court proposes to pass in the given facts and circumstances of the case, it deems it not necessary to issue notices to the respondents because it would not only cause inconvenience to them, rather they would be unnecessarily burdened to engage counsel to represent them in the instant proceeding.

By way of instant petition filed under Article 227 of the Constitu-tion of India and under Section 24 read with Section 151 of the Code of Civil Procedure, prayer has been made on behalf of the petitioner for transfer of Civil Suit No.3 of 2001, titled as Jyoti versus BBMB and others from the Court of learned Additional District Judge, Mandi, H.P., to the Court of learned District Judge, Mandi, H.P., wherein application having been filed by the petitioner for release of the amount lying is pending for considerable time.

Having heard learned counsel representing the petitioner and perused the averments contained in the petition, this Court finds that Civil Suit bearing No. 3 of 2001, having been filed by the petitioner, was compromised between the petitioner and respondent No.4, Dr. Nirmala Sharma vide judgment dated 26.09.2011. At the time of filing Civil Suit, petitioner was minor, but now she has attained majority. Pursuant to the compromise interse parties some mon-ey stands deposited with the learned trial Court and same is required to be released in favour of the petitioner. Now, since marriage of the petitioner has been fixed on 17.11.2020, she needs some money and as such, has filed the ap-plication for release of amount in the Court of learned Additional District Judge, Mandi, but since there is no Presiding Officer of the Court concerned, petitioner has approached this Court in the instant proceedings, praying therein for transfer of Civil Suit No.3 of 2001 from the Court of learned Additional District Judge, to the Court of learned District Judge, Mandi.

Having perused the explanation/reasons rendered in the petition, this Court sees no impediment in accepting the prayer made in the petition and accordingly the same is allowed and Civil Suit No.3 of 2001, titled as Jyoti ver-sus BBMB and others, pending in the Court of learned Additional District Judge, Mandi, H.P., is ordered to be transferred to the Court of learned District Judge, Mandi, H.P., forthwith. Learned District Judge, Mandi is further directed to consider and decide the application, if any, filed by the petitioner for release of the amount expeditiously, preferably within a period of one week from the date of receipt of this judgment.

Learned counsel representing the petitioner undertakes to apprise the learned Court below with regard to passing of the instant order, enabling it to do the needful within stipulated time.

Learned counsel representing the petitioner also undertakes to cause appearance of his client before the learned District Judge, Mandi, H.P. on 30.09.2020, enabling it to do the needful in terms of the judgment passed by this Court.

The petition stands disposed of in the aforesaid terms, so also pend-ing application(s), if any.

Authenticated copy.